Thompson

Thompson v. Sosa

Good Law
265 F. App'x 544
United States Court of Appeals for the Ninth CircuitJanuary 24, 2008No. 06-55871California468 words

Opinion

lead Opinion

MEMORANDUM **

Travis Ray Thompson, a California state prisoner, appeals pro se from the district court’s summary judgment in favor of defendants in his 42 U.S.C. § 1983 action alleging constitutional violations while he was housed at the Imperial County Jail. We have jurisdiction pursuant to 28 U.S.C. § 1291 . We review de novo, Lopez v. Smith, 203 F.3d 1122, 1131 (9th Cir.2000) (en banc), and we affirm.

The district court properly granted summary judgment in favor of defendant Sosa because Thompson failed to raise a genuine issue of material fact as to whether Sosa unreasonably used excessive force against him. See Clement v. Gomez, 298 F.3d 898, 903 (9th Cir.2002) (holding that use of force does not amount to an Eighth Amendment violation “if it is applied in a good faith effort to restore discipline and order and not maliciously and sadistically for the very purpose of causing harm”).

The district court properly granted summary judgment in favor of defendant Hall because Thompson failed to raise a genuine issue of material fact as to whether Hall should have foreseen that Thompson would be assaulted by another inmate. See Farmer v. Brennan, 511 U.S. 825, 837 , 114 S.Ct. 1970

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